In re Rahrer

Kansas had a state law prohibiting the sale of liquor. A Missouri liquor business imported liquor into Kansas in its original packaging. Acting as the business’s agent, Charles Rahrer (defendant) received the liquor in its original packaging and sold it without ever opening the packaging. Rahrer was arrested and convicted of violating the Kansas law prohibiting the sale of liquor. Rahrer filed a petition for a writ of habeas corpus with the federal circuit court, claiming that the Kansas law and his detention were unconstitutional. Rahrer relied on a prior United States Supreme Court opinion holding that, under the Commerce Clause, Congress had the sole right to regulate interstate alcohol sales. Therefore, under the Dormant Commerce Clause, even if Congress was not using its power, state laws regulating the sale of imported liquor in its original packaging infringed on this exclusively congressional territory and were unconstitutional. According to this opinion, a state could regulate—and therefore prohibit—imported liquor only after the original packaging had been opened. The circuit court found that Rahrer’s imprisonment was unlawful and granted the habeas petition. The Kansas authorities appealed to the United States Supreme Court, relying on a new federal statute. In this statute, Congress had expressly given states permission to regulate imported liquor that was still in its original packaging in the same manner as liquor manufactured within the state.